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WHITE BROS. CO. v. COMMISSIONER OF INT. REV.

No. 12699.

180 F.2d 451 (1950)

WHITE BROS. CO. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 10, 1950.

Attorney(s) appearing for the Case

E. K. Tillman, New Orleans, La., for petitioner.

Melva M. Graney, Sp. Asst. to Atty. Gen., Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, Sp. Asst. to Atty. Gen., Charles Oliphant, Chief Counsel, Bur. of Int. Rev., Washington, D. C., W. Herman Schwatka, Sp. Atty., Bur. Int. Rev., Washington, D. C., Carlton Fox, Sp. Asst. to Atty. Gen., for respondent.

Before HOLMES, McCORD, and BORAH, Circuit Judges.

HOLMES, Circuit Judge.

This petition for review involves a deficiency in declared value excess-profits taxes and excess profits taxes for the year 1943, also excess-profits taxes for the year 1944. The jurisdiction of this court is invoked under Section 1141(a) of the Internal Revenue Code, as amended by Section 36 of the Act of June 25, 1948, 26 U.S.C.A. § 1141(a). The taxpayer has abandoned the third of the three issues that

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